HomeMy WebLinkAboutRES 1999 371 0524RESOLUTION NO. PC 99 -371
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA PROVIDING A RECOMMENDATION TO THE
CITY COUNCIL OF THE CITY OF MOORPARK PERTAINING TO THE
APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
MOORPARK AND ARCHSTONE COMMUNITIES REGARDING
CONTRACTUAL OBLIGATIONS RELATED TO THE DEVELOPMENT OF
MOORPARK APARTMENT HOMES (RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 97 -1)
WHEREAS, Section 65864, Article 2.51 Chapter 4, Division 1,
Title 7 of the State Planning and Zoning Law provides that cities
may enter into contractual obligations known as Development
Agreements with persons having equitable interest in real property
for development of that property; and
WHEREAS, the owners of Moorpark Apartment Homes (Residential
Planned Development Permit No. 97 -1) have applied to the City of
Moorpark to seek a Development Agreement between the city and said
owners pursuant to Chapter 15.40 of the Moorpark Municipal Code;
and
WHEREAS, the Planning Commission of the City of Moorpark has
previously reviewed the Mitigated Negative Declaration, General
Plan Amendment, Zone Change, and Residential Planned Development
requests and has made recommendations to the City Council
pertaining to the approval of said requests; and
WHEREAS, the Mitigated Negative Declaration prepared for
General Plan Amendment 97 -3, Zone Change 97 -7, and Residential
Planned Development Permit 97 -1 can be used for the Development
Agreement since the Development Agreement relates to providing for
the financing and or construction of various improvements and
facilities relating to the project area that have already been
addressed by the Mitigated Negative Declaration for the project;
and
WHEREAS, the City Council desires that the Planning Commission
evaluate and provide recommendations for revision, denial and /or
approval of a Development Agreement between the City and Owners,
and has provided the Commission with true copies of the Development
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Resolution No. PC -99 -371
Development Agreement No. 97 -1
Archstone Communities
Page No. 2
Agreement; and
WHEREAS, a duly noticed public hearing was conducted by the
Planning Commission on May 24, 1999 to consider the Development
Agreement and to accept public testimony related thereto; and
WHEREAS, the Planning Commission has considered all points of
public testimony relevant to the Development Agreement and has
given careful consideration to the content of the Development
Agreement.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The potential environmental impacts concerning this
Development Agreement relates to and would provide for financing
and construction of various improvements and facilities relating to
the project area which have already been addressed by the Mitigated
Negative Declaration prepared for the General Plan Amendment, Zone
Change, and Residential Planned Development Permit.
SECTION 2. The Planning Commission having conducted a public
hearing on the form and content of a Development Agreement between
the City of Moorpark and the owners of Moorpark Apartment Homes, at
the request of the City Council, hereby recommends that the City
Council, at public hearing before said Council, approve the
Development Agreement in the form and content presented to the
Planning Commission on May 24, 1999.
SECTION 3. The Planning Commission recommends to the City
Council that the east -west connector street from Moorpark Avenue to
Park Lane and Park Lane to Los Angeles Avenue be completed prior to
completion of the construction phase of the apartment complex. The
Commission is concerned that construction of the east west street
from Moorpark Avenue to Park Lane may not be completed by the
completion of the apartment project due to unforeseen delays in
obtaining required off -site right -of -way.
SECTION
the public,
City Council.
3. A copy of this Resolution, documents furnished by
and minutes of the public hearing be furnished to the
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Resolution No. PC -99 -371
Development Agreement No. 97 -1
Archstone Communities
Page No. 3
PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF MAY, 1999.
AYES: HALLER, LANDIS, PARVIN, DICECCO
NOES:
ABSENT: OTTO
ATTEST:
Celia LaFleur, Secretary
to the Planning Commission
66w
MARK IC CC CHAIRMAN
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